Plexxikon Inc. v. Novartis Pharmaceuticals Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PLEXXIKON INC., Case No. 17-cv-04405-HSG Plaintiff, 8 ORDER DENYING DEFENDANT'S v. MOTION FOR SUMMARY

JUDGMENT

NOVARTIS PHARMACEUTICALS CORPORATION, Re: Dkt. No. 177 11 Defendant. 12 Pending before the Court is Defendant Novartis Pharmaceuticals Corporation’s motion for partial summary judgment that certain claims of U.S. Patent Nos. 9,469,640 (the “’640 Patent”) and 9,844,539 (the “’539 Patent”) (together, the “Asserted Patents”) are invalid as anticipated under 35 U.S.C. § 102. The dispute, as briefed by the parties, centers on the priority date of the Asserted Patents. For the reasons stated below, the Court finds that genuine disputes of fact regarding that priority date remain and therefore DENIES the motion for summary judgment. I. BACKGROUND Plaintiff Plexxikon Inc. (“Plexxikon”) brings this patent infringement action against Novartis Pharmaceuticals Corporation (“Novartis”) for infringement of the ’640 and ’539…